LAMONTE-SHIMBERG CORPORATION (6)
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A G R E E MEN T
WHEREAS, LaHONTE-SHIMBERG CORPORATION (hereinafter
called "Owner") has requested the City of Clearwater, a municipal
corporation of the State of Florida (hereinafter called "City"),
to approve an Amended Master Plan for the CREEKSIDE Project and
a Detailed Site Plan for Areas "C", "D" and "E" of said project,
all as shown on the illustrative Site Plan for CREEKSIDE, a copy
of which is attached hereto marked Exhibit" A" (hereinafter
called "Site Plan"); and
WHEREAS, on December l8, 1972, the City Commission of
the City favorably considered said request at a public hearing'
and by motion unanimously passed, approved said request, provided
satisfactory legal documents be prepared by the City Attorney to
assure (I) the paving of the east-west street shown on the Site
Plan, the right-of-way for which east-west street is shown as
Tract 9 on the survey attached hereto, marked Exhibit "B"
(hereinafter called "Survey"); and (2) a satis factory agreement
regarding the use of gas in the CREEKSIDE Project; and (3) that
approval of Detailed Site Plans for Areas "A" and "B" of the
CREEKSIDE Project will be brought back to the City Commission
for approval after completion of their design, subject to dedica-
tion of required easeITents for utilities and rights-of-way and
preparation of necessary legal documents to insure the paving of
all rights-of-way in said Areas "A" and "B" (it being understood
that there must be at least two connecting links to the property
located south of Tract "A").
NOW, THEREFORE, in consideration of the premises, as well
as other good and valuable considerations; the parties hereto
agree as follows:
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l. Owner agrees, at the request of the City, at any
time prior to ten (lO)years from the date of this agreement, to
pave the above-referred-to east-west right-of-way (which right-
of-way is shown as Tract 9 on Exhibit "B"), including sidewalks
and drainage, in accordance with City specifications. In order
to secure its obligations hereunder, Owner has furnished to City
a Surety Bond in the amount of TWENTY-SIX THOUSAND DOLLARS ($26,000.).
Owner may perform such work at any earlier time without the City's
having requested same and, upon Owner's completion of said work
to the satisfaction of the City Engineer, said Bond shall be re-
leased.
2. OWner agrees that the Attached Houses in the
CREEKSIDE Project will use gas heat and gas water heating, and
that the option of gas or electric ranges will be provided. Owner
is not committed to using gas in the Apartment Units in the CREEK-
SIDE Project. The City is not required to do any inside piping
work in connection with furnishing gas to the Attached Houses.
3. OWner understands and agrees that the Detailed Site
Plans for Areas "A" and "B" of the CREEKSIDE Project must be
brought back to the City Commission for approval after completion
of their designs, subject to dedication of required easements for
utili ties and rights-of-way and preparation of necessary legal
documents to insure the paving of all rights-of-way in said Areas ~
"A" and "B" (it being understood that there must be at least two
connecting links to the property south of Area "A".
4. Owner has concurrently executed and delivered to the
City, Deeds to the rights-of-way shown as Tracts 8 and 9 on
Exhibi t "B", and to Tract 7 on Exhibi t "B", which Tract 7 is the
public park area shown on Exhibit" A" .
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5. This agreement shall be binding upon, and shall inure
to the benefit of, the parties hereto and their respective suc-
cessors and assigns.
IN WITNESS WHEREOF, the parties hereto
Agreement to be duly executed this J (,<J/~ay
have caused this
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ATTEST:
(CORPORATE SEAL)
LaMONTE-SHIMBERG CORPdRi-TIOtl. -'. ,
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proved as to Form and
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DEAL DEVELOPMENT COMPANY, as contract
CREEKSIDE Project, hereby approves and agrees to be bound by,
the foregoing contract.
DEa::rry ~/
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